EVANS, Judge.
It is readily seen that Section 41 of the Civil Practice Act (Ga. L. 1966, pp. 609, 653; Code Ann. § 81A-141 (a)) does not provide an unlimited and unfettered right of dismissal, but same is "subject to the provisions of ... any statute." One of the statutes to which it is subject is Code § 38-114 as to estoppel, and which statute provides in pertinent part: "Presumptions of law are sometimes conclusive, and an averment to the...
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